Simmons v. West

697 So. 2d 688, 1997 WL 335065
CourtLouisiana Court of Appeal
DecidedJune 18, 1997
Docket29,633-CA
StatusPublished
Cited by7 cases

This text of 697 So. 2d 688 (Simmons v. West) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. West, 697 So. 2d 688, 1997 WL 335065 (La. Ct. App. 1997).

Opinion

697 So.2d 688 (1997)

Angelia SIMMONS Plaintiff-Appellant,
v.
Dr. Warren C. WEST Defendant-Appellee.

No. 29,633-CA.

Court of Appeal of Louisiana, Second Circuit.

June 18, 1997.
Rehearing Denied August 14, 1997.

*689 Edmund M. Thomas, Amy-Elizabeth Temple Brainard, Shreveport, for Plaintiff-Appellant.

Cook, Yancey, King & Galloway by Hershel E. Richard, Jr. Shreveport, for Defendant-Appellee.

Before MARVIN, NORRIS and WILLIAMS, JJ.

WILLIAMS, Judge.

In this medical malpractice action, the plaintiffs, Angelia and Gregory Simmons, appeal a judgment in favor of the defendants, Dr. Warren West and Dr. Oscar Berry. The trial court found that defendants had not breached the applicable standard of care and were not liable for plaintiffs' injuries. For the following reasons, we affirm.

FACTS

On November 17, 1987, the plaintiff, Angelia Simmons, saw Dr. Warren West and reported that her pregnancy test was positive and that she had observed "spotting" of blood for approximately two weeks. Dr. West's impression was that Simmons was carrying an intrauterine pregnancy and was at risk of aborting. He recommended bed rest and told her to return in two weeks. On December 3, 1987, Simmons returned to Dr. West and reported an episode of spotting on November 29 and slight left side pain on November 30, 1987. The plaintiff's physical exam was normal and Dr. West recommended that she have an ultrasound.

The next day, December 4, 1987, Dr. John Marshall, a radiologist, performed an abdominal ultrasound, which did not indicate the presence of a fetus. While viewing the sonogram, Simmons asked whether a spot could be a tubal pregnancy, but Dr. Marshall said the object was a cyst on her ovary. Dr. Marshall telephoned Dr. West and verbally reported the results of the ultrasound. In his notes of the conversation, Dr. West wrote there was no fetus, there was a "sac seen" and a slightly enlarged uterus. Later that day, Dr. West told Simmons that he thought she had lost the pregnancy since the sonogram did not show a fetus in her uterus. Dr. West suggested that she return the following week for a dilation and curettage ("D & C") procedure to remove any remaining fetal tissue from the uterus.

*690 On Sunday, December 6, 1987, Simmons experienced vaginal bleeding, cramping and was "doubled over" with abdominal pain. The next morning she was seen by Dr. Oscar Berry because Dr. West was not in the office. Dr. Berry examined Simmons and found a slightly enlarged uterus, a closed cervix and slight bleeding. He did not detect any masses in Simmons' adnexa, which consists of the fallopian tubes and ovaries. Dr. Berry admitted her to the hospital and performed the D & C procedure, which involves scraping the inner lining of the uterus to remove any tissue remaining from a pregnancy. Dr. Berry discharged Simmons and advised her to contact him or Dr. West if she had any further pain or bleeding.

Simmons did not report any such symptoms during the next thirty days. She spoke with Dr. West one week after the D & C, said that she felt fine and requested a letter authorizing her return to work. On January 4, 1988, Simmons saw Dr. West for a post-D & C examination. At the time, she did not complain of bleeding, cramping or abdominal pain. Dr. West, who was wearing a wrist stabilizer for a fractured bone, performed a bi-manual pelvic exam. He did not feel any adnexal masses and reported the exam as normal.

One week later, Simmons experienced hypervolemic shock and collapsed while working at Humana Hospital. An ultrasound showed an ectopic pregnancy with a fetal heartbeat in the right fallopian tube. Dr. Wayne Sessions performed emergency surgery and removed the fallopian tube, which was damaged as a result of the ruptured ectopic pregnancy. Simmons remained hospitalized for one week following surgery and has been treated by a psychiatrist for post-traumatic stress disorder.

In July 1990, a medical review panel was convened after plaintiffs filed a complaint alleging that the treatment provided by Dr. West and Dr. Berry fell below the standard of care. The panel members unanimously found that Dr. West and Dr. Berry had not breached the applicable standard of care, and that their conduct did not cause the plaintiffs' injuries. Subsequently, the plaintiffs filed this action for damages alleging that the defendants' negligence caused their injuries.

The trial judge heard seven days of testimony during December 1995 and January 1996. Following the close of evidence, the parties submitted proposed findings of fact and conclusions of law. The trial court rendered judgment in favor of the defendants, finding that Simmons had an intrauterine pregnancy which spontaneously aborted and that a separate ectopic pregnancy later ruptured and caused plaintiffs' injuries. The trial court further found that defendants met the applicable standard of care and were not liable for damages in failing to diagnose the second pregnancy. The plaintiffs appeal.

DISCUSSION

Standard of Care

The plaintiffs contend the trial court erred in defining the applicable standard of care. They argue that the exercise of medical judgment required the defendants to use available diagnostic tests to rule out ectopic pregnancy as a potential cause of the patient's symptoms.

In a malpractice action based on the negligence of a physician licensed to practice in Louisiana, where the defendant practices in a particular specialty and the alleged acts of medical negligence raise issues peculiar to that specialty, the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians within that medical specialty. LSA-R.S. 9:2794 A; Roberts v. Cox, 28,094 (La.App.2d Cir. 2/28/96), 669 So.2d 633. When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Cox v. Willis-Knighton Medical Center, 28, 632 (La.App.2d Cir. 9/25/96), 680 So.2d 1309.

In the present case, the three members of the medical review panel were accepted as experts in obstetrics and gynecology and they testified regarding the standard of care. Dr. James Miciotto stated that a physician's clinical experience and judgment are as important as tests in making a diagnosis and choosing treatment. Dr. Tandy McElwee testified that an obstetrician's selection of *691 diagnostic tests involves the exercise of his clinical judgment in light of the patient's symptoms. In addition, Dr. James Boyd agreed that a physician uses clinical judgment in evaluating a patient based on the symptoms presented and the other information available.

This expert testimony supports the trial court's finding that the standard of care during the relevant time period required the obstetrician to use sound clinical judgment based on the symptoms presented. The trial court's expression of the standard is consistent with the statutory requirement that defendants exercise reasonable care along with their best judgment in the application of the requisite degree of skill. See LSA-R.S. 9:2794 A(2). The assignment of error lacks merit.

Negligence

The plaintiffs contend the trial court was clearly wrong in finding that the defendants were not negligent in their treatment of Angelia Simmons. They argue that Dr. West and Dr. Berry deviated from the standard of care by neglecting to administer additional tests and in failing to diagnose an ectopic pregnancy.

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Cite This Page — Counsel Stack

Bluebook (online)
697 So. 2d 688, 1997 WL 335065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-west-lactapp-1997.